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Guardianship vs Parenting Time in Alberta: What's the Difference?

Confused by Family Law Act terms? Learn how guardianship, parenting time and decision-making differ in Alberta, who is a guardian, and what each one gives you.

Family Law4 min readTSLBy the Treadstone Law Team · AlbertaUpdated November 1, 2026
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Key takeaways
  • In Alberta, the ability to make decisions about a child is tied to guardianship, not parentage status.
  • Parenting time is the time a child spends in your care, and decision-making responsibility is the responsibility for significant decisions about the child.
  • A person who is not a guardian, such as a grandparent, applies for a contact order, which does not give rights or responsibilities over the child.

Family law uses several terms that sound alike: guardianship, parenting time, decision-making and contact. They are related, but they are not the same thing, and mixing them up can leave you unsure about what you can actually do for your child.

This article explains the difference in plain terms, who is a guardian in Alberta, and what to consider if you are not one.

This article covers the law of Alberta.

What guardianship means

In Alberta, the ability to make decisions about a child is tied to guardianship, not to parentage status. A guardian under the Family Law Act is a guardian for all legal purposes, and in most cases a child's parents are also guardians. A birth mother is already a legal guardian of her child.

After separation, guardians who agree can keep exercising guardianship powers without a court order. If they disagree, either guardian can apply for a parenting order.

Parenting time and decision-making responsibility

Under the Divorce Act, parenting time means the time a child spends in the care of a person under a parenting order, and decision-making responsibility means the responsibility for making significant decisions about the child's well-being. Unless the court orders otherwise, the person who has parenting time has exclusive authority to make day-to-day decisions affecting the child during that time.

Decision-making responsibility can be allocated to either spouse, to both, or to a non-spouse who is a party to the application, so it can be sole, joint or divided by subject. Under Alberta Family Law Act guidance, a parenting order can divide parenting time, assign specific responsibilities, or set a process for resolving future disputes.

TermWhat it meansWho it applies to
GuardianshipAbility to make decisions about a child under Alberta lawUsually a child's parents, but not always
Parenting timeTime the child spends in your care, without the other parent or guardianA person given it by agreement or order
Decision-making responsibilityResponsibility for significant decisions about the child's well-beingCan be sole, joint or divided by subject
ContactVisits, calls or letters, with no rights or responsibilities over the childA non-guardian, such as a grandparent

Who is a guardian if you were not married

A parent who is not the birth mother can be a guardian automatically in several situations. One example is living with the mother for at least 12 months, including when the child was born, or being married to her when the child was born.

There are other routes, including:

If you are not a guardian

A parent who is not a guardian, or an adult who has had care and control of the child for at least 6 months, can apply for a Guardianship Order using Claim – Family Law Act (CTS3459) and Adult's Statement – Guardianship of Child (CTS3484).

A person who is not a guardian, such as a grandparent or a non-guardian parent, applies for a Contact Order instead. A contact order sets out visits, calls or letters and does not give the person rights or responsibilities over the child. Under the Divorce Act, a non-spouse such as a grandparent can apply for a contact order only with leave of the court, and contact is considered alongside any other person's parenting time.

What to do next

Frequently asked questions

Does being a parent automatically make me a guardian in Alberta?

In most cases a child's parents are also guardians. A birth mother is already a guardian, while a parent who is not the birth mother may qualify automatically in certain situations, such as living with the mother for at least 12 months including when the child was born.

Can I have parenting time without being a guardian?

A non-guardian generally applies for a Contact Order, which sets out visits, calls or letters. For a non-guardian, time with the child is called contact.

Is decision-making responsibility the same as guardianship?

They are related but separate. Guardianship is the Alberta concept tied to the ability to make decisions about a child, while decision-making responsibility is the Divorce Act term for significant decisions about the child's well-being, which can be sole, joint or divided by subject.

Can a grandparent get a guardianship order?

An adult who has had care and control of the child for at least 6 months can apply for a Guardianship Order. A grandparent who does not meet that description would generally look at a Contact Order.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Alberta laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in Alberta. Reach us at 1-844-900-1070 or send our Team a message.

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